Mich. Comp. Laws » Michigan Compiled Laws / Chapter 423 / Act 336 of 1947
Michigan Compiled Laws

Mich. Comp. Laws § 423.202 (2026)

Strike by public employee; lockout by public school employer.

✓ current as of July 2026
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PUBLIC EMPLOYMENT RELATIONS


Act 336 of 1947


423.202 Strike by public employee; lockout by public school employer.

Sec. 2.

    A public employee shall not strike and a public school employer shall not institute a lockout. A public school employer does not violate this section if there is a total or partial cessation of the public school employer's operations in response to a strike held in violation of this section.

History: 1947, Act 336, Eff. Oct. 11, 1947 ;-- CL 1948, 423.202 ;-- Am. 1994, Act 112, Eff. Mar. 30, 1995

PopularName Notes:

Public Employment Relations
Notes of Decisions
Cited in 58 cases (5 in the last 5 years), 1959–2025 · leading case: Gibraltar Sch. Dist. v. Gibraltar Mespa-Transp., 505 N.W.2d 214 (Mich. 1993).
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Gibraltar Sch. Dist. v. Gibraltar Mespa-Transp., 505 N.W.2d 214 (Mich. 1993). · cites it 8× “Michigan public employees have no legal right to strike, even after the expiration of a collective bargaining agreement, MCL 423.202; MSA 17.455(2). While we acknowledge this truism, we are persuaded both by the structure of the statute and the realities of public sector…”
Lehnert v. Ferris Fac. Assn., 500 U.S. 507 (1991). · cites it 2× “At the beginning of the 1981-1982 fiscal year, the FFA and Ferris were engaged in negotiating a new collective-bargaining agreement. The union perceived these efforts to be ineffective and began to prepare a "job action" or, in more familiar terms, to go out on strike.”
Grandville Mun. Exec. Ass'n v. City of Grandville, 553 N.W.2d 917 (Mich. 1996). · cites it 5× “§ 423.202; M.S.A. § 17.455(2). Two years later, the LMA again was amended to define "employee" to exclude supervisors and executives.”
Lamphere Schs. v. Lamphere Fed'n of Teachers, 252 N.W.2d 818 (Mich. 1977). · cites it 2× “" MCLA 423.202; MSA 17.455(2). [3] The phrase "[n]otwithstanding the provisions of any other law" could be broadly construed to include both statutory and case law, Black's Law Dictionary (4th ed), pp 1028-1029.”
Detroit Fire Fighters Ass'n v. City of Detroit, 753 N.W.2d 579 (Mich. 2008). · cites it 2× “216 of the Compiled Laws of 1948, and does not amend or repeal any of its provisions; but any provisions thereof requiring fact-finding procedures shall be inapplicable to disputes subject to arbitration under this act.”). 10 unions that provide vital public services, namely…”
Detroit Police Officers Ass'n v. City of Detroit, 404 N.W.2d 595 (Mich. 1987). · cites it 4× “" The PERA continues the previously existing prohibition of strikes by public employees, MCL 423.202; MSA 17.455(2), but creates the right of public employees to organize, MCL 423.”
Ottawa Cnty. v. Jaklinski, 377 N.W.2d 668 (Mich. 1985). · cites it 2× “Jaklinski argues that because public employees are denied the right to strike, MCL 423.202; MSA 17.455(2), their public employers should similarly be denied the right to refuse postcontract arbitration.”
Bay City Sch. Dist. v. Bay City Educ. Ass'n, 390 N.W.2d 159 (Mich. 1986). · cites it 2× “MCL 423.202; MSA 17.455(2) prohibits strikes by public employees.”
West Ottawa Educ. Ass'n v. West Ottawa Pub. Schs. Bd. of Educ., 337 N.W.2d 533 (Mich. Ct. App. 1983). · cites it 2× “MCL 423.202; MSA 17.455(2), Detroit Police, supra, 61 Mich App 491 ; Van Buren Public School Dist v Wayne Circuit Judge, 61 Mich App 6, 27 ; 232 NW2d 278 (1975).”
Sch. Dist. for the City of Holland v. Holland Educ. Ass'n, 157 N.W.2d 206 (Mich. 1968). · cites it 2× “[2] CL 1948, § 423.202 (Stat Ann 1960 Rev § 17.455[2]).”
Male v. Grand Rapids Educ. Ass'n, 295 N.W.2d 918 (Mich. Ct. App. 1980). · cites it 4× “And, based on the fact that strikes by public employees, including public school teachers, are prohibited under Michigan law, MCL 423.202; MSA 17.455(2), [3] the court further found that mandatory assessments for this strike fund are illegal and teachers cannot be compelled…”
Jefferson Cnty. Bd. of Educ. v. Jefferson Cnty. Educ. Ass'n, 393 S.E.2d 653 (W. Va. 1990). “1985); Mich.Comp.Laws Ann. §§ 423.202 to -209 ( West 1978 ); Nev.”
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